N.J. Admin. Code § 7:15-5.26

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:15-5.26 - Habitat Suitability Determination

(a) Where an area is excluded from a sewer service area in accordance with 7:15-5.24 on the basis that it is within habitat patch of Rank 3, 4 or 5 on the Department's Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife, an applicant may seek a Habitat Suitability Determination from the Department if it wishes to rebut the presumption that a habitat patch of Rank 3, 4 or 5 on the Department's Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife is accurate.

(b) An application for a Habitat Suitability Determination shall include:

1. A letter from the Department's Natural Heritage Program issued within six months of the date of application, stating if any threatened or endangered animals listed in the Natural Heritage database exist on or near the site. Information and forms relating to the Natural Heritage Program may be found on the Division of Parks and Forestry web page at www.nj.gov/dep/parksandforests/natural/heritage or obtained from the Office of Natural Lands Management, Natural Heritage Program at:

Division of Parks and Forestry

New Jersey Department of Environmental Protection

P.O. Box 404

Trenton, New Jersey 08625-0404

Phone: (609) 984-1339

Fax: (609) 984-1427

2. A description of the habitat requirements for each species identified in the Natural Heritage Program letter, including citations to appropriate literature and studies;

3. Three copies of a description of the parcel, including, but not limited to:

i. Vegetation, elevation, slope and aspect, and a description of any important topographic features such as cliffs, bluffs and sinkholes on or within 0.25 miles of the boundary of the site;

ii. The geology of the site as described in the most current USGS bedrock geologic maps, a description of bedrock and surficial deposits, and the location and description of any important geologic features such as talus and caves within 0.25 miles from the boundary of the site;

iii. The soil types on the site as most currently classified and mapped by the U.S. Department of Agriculture (U.S.D.A.) Natural Resources Conservation Service and the location and description of any important soil features present within 0.25 miles of the boundary of the site;

iv. The location and a description of all hydrologic features on the site such as rivers, streams, lakes, ponds, springs, seeps, vernal pools and waterfalls, as well as those located within 0.25 miles from the boundary of the site;

v. The location and a description of all evidence of natural or man-made disturbance both on the site and within 0.25 miles from the boundary of the site;

vi. The location and a description of all upland, wetland, and aquatic ecological vegetative communities on the site, based on quantitative data collected during the optimal time(s) of the year using appropriate, scientifically accepted terms of description and analysis techniques. Guidance with regard to appropriate classification systems and techniques may be found in Guidelines for Describing Associations and Alliances of the U.S. National Vegetation Classification by Jennings et al. (2003), The Ecological Society of America -- Vegetation Classification Panel, available at: www.vegbank.org/vegdocs/panel/NVC_guidelines_v3.pdf; Ecological Systems of the United States: A Working Classification of U.S. Terrestrial System by Comer et al. (2003), NatureServe, available at: www.natureserve.org/library/usEcologicalsystems.pdf; and Classification of Vegetation Communities of New Jersey: Second Iteration by Breden et al. (2001), Association for Biodiversity Information and New Jersey Natural Heritage Program, available at: http://njedl.rutgers.edu/ftp/PDFs/1980.pdf. For each ecological community identified on the site, the evaluation shall include physiognomy, species composition with a list of the most abundant plant species by strata (canopy tree, subcanopy tree, shrub, vine, herbaceous, bryophyte), a description of successional stage, slope degrees and aspect, geologic substrate (as indicated in the most recent USGS bedrock geologic maps), soil texture and pH (as indicated in the most recent Soil Survey and verified by field sampling), depth to water table (as indicated in the most recent Soil Surveys), and hydrologic influences;

vii. A map showing the location and composition of ecological communities on the site and the location of important topographical, geological and hydrological features identified in (b)3iv above;

viii. The results of threatened or endangered animal species surveys for the purpose of supplementing scientific data regarding the suitability of a particular habitat for a particular species that were conducted in consultation with the Department and in accordance with all Federal and State laws and regulations, including for each species surveyed: the survey method, the surveyor's name(s), dates and times surveys were performed, number of samples, and number of replications;

ix. The names, addresses and professional qualifications of all persons who performed habitat evaluations, and/or species surveys relied upon to support the application for the Habitat Suitability Determination;

x. A copy of any other relevant animal survey or report to which the applicant or their agent has access; and

xi. Any other information relevant to assessing the suitability of habitat on the site for any threatened or endangered animal species.

(c) In making a Habitat Suitability Determination, the Department shall consider as suitable habitat any site that, based on the best available scientific information, provides all of the components necessary to sustain any threatened or endangered animal species, including, but not limited to, nesting or breeding areas, foraging or feeding areas, resting or roosting areas, hibernacula or denning areas, migratory and/or movement pathways, areas necessary for lifecycle completion, or any site that is a part of a larger habitat area that provides all of the components necessary to sustain the threatened or endangered animal species in question. The determination shall be based upon evaluation of the following:

i. The information provided by the applicant under (b) above;

ii. Information available to the Department identifying which, if any, threatened or endangered animal species may have suitable habitat on the site. Such information includes, but is not limited to, the Landscape Maps, Natural Heritage Database, records of documented species occurrences and public comment;

iii. Scientific information related to the life history characteristics and habitat needs of the species;

iv. The results of any animal species surveys done in consultation with the Department and in accordance with the survey procedures at 7:7E-3C.4(a) and (b); and

v. The extent to which the site contains the characteristics of suitable habitat for each threatened and endangered animal species, including onsite and adjacent vegetation structure and composition, soil characteristics, wetland characteristics and hydrologic conditions, surrounding land use and disturbance levels, and any other factor that may affect the habitat suitability for any threatened or endangered animal species that are identified as part of on-site inspection(s).

(d) Based on the information provided in (b) above and the Department's analysis at (c) above, the Department will:

1. Issue a letter finding that the parcel is not suitable habitat;

2. Issue a letter finding that the parcel is suitable habitat; or

3. Notify the applicant that seasonal conditions do not permit an accurate assessment of habitat, explain the seasonal conditions involved, and give the applicant the option of either accepting a finding that the site constitutes suitable habitat for that species, or waiting until the Department can determine the suitability of habitat.

N.J. Admin. Code § 7:15-5.26